Empire and Legal Thought: Ideas and Institutions from Antiquity to ModernityEdward Cavanagh Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought. Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old. Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition. Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter. |
Contents
An Introduction | 1 |
2 The First Lawyers? Judicial Offices Administration and Legal Pluralism in Ancient Egypt ca 25001800 BCE | 36 |
Judicial Review and Athenian Interstate Relations in the Age of Demosthenes 35422 BCE | 69 |
4 Public Law and Republican Empire in Rome 20027 BCE | 105 |
Imperial Motives behind Justinianic Legislation in SixthCentury Constantinople | 125 |
6 Muslims and NonOrthodox Christians in Byzantine Law until ca 1100 | 167 |
Politics Jurisprudence and Reverence for Antiquity | 189 |
The Metamorphoses of a Legal Concept Ancient Rome to Early Modern Europe | 213 |
The GrotiusSelden Dialogue at the Heart of Liberal Imperialism | 322 |
Histories of Oceans Laws and Empires | 362 |
Habeas Corpus Ex parte Somerset 177172 and the Movement toward Collective Representation in Early British Antislavery Cases | 388 |
Feudal Legalism Land Patenting and Sir William Johnson Indian Superintendent 17561774 | 425 |
Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India 1770s1820s | 462 |
17 James Bryces Home Rule Constitutionalism and Victorian Historiography | 492 |
British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia 18891919 | 520 |
19 British War Office Manuals and International Law 18991907 | 548 |
12 Debating Imperial Authority in Late Medieval Legal and Political Thought 12th14th Centuries | 252 |
10 Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists | 280 |
11 Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century | 300 |
Carl Schmitt and the Overcoming of the Concept of the State | 578 |
603 | |
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Empire and Legal Thought: Ideas and Institutions from Antiquity to Modernity Edward Cavanagh No preview available - 2020 |
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African Ages American Ancient appear argued argument Athenian Athens authority British Cambridge University Press century changes chapter civil claim collection colonial common concept considered constitutional Corpus court custom decree developed early edition emperor empire England English European existing Greek Grotius History Holland human idea imperial important Indian institutions interests International Law issued Italy ius gentium John judges judicial jurists justice Justinian Kingdom land late later legislation London Lord Mare means medieval Middle natural notes Office original Oxford University Press particular period person Pisa political position practice principles procedure question quod reason reference Reich relations Review Roman law Rome rule Schmitt Sharp slave slavery Society sources sovereignty Studies territorial thought tion trade tradition Translated vols York